Offence- Assault

Question 1

Legal definition of Assault?

Answer 1

The act of intentionally apply force or attempting to apply force to another person directly or indirectly or threaten by any gesture or act to apply such force to another person if the person making the threat has or causes the other person to believe on reasonable grounds that he/she has the present ability to effect his purpose

Question 2

4 definitions of Assault?

Answer 2

1. Direct asssault
2. Indirect assault
3. Conditional assault
4. Transferred malice

Question 3

What 2 elements must exist to prove it’s Assault?

Answer 3

1. Actus Rea/ the act - did it

2. Mens Rea/ intent - intended to do it

Question 4

2 difference areas of Assault?

Answer 4

1. Summary Offences Act 1981 (minor)

2. Crimes act 1961 (More serious assault)

Question 5

3 factors must be considered when deciding which assault charge to apply

Answer 5

1. The intent: when offender applied the force what was their intent? Scare, injure,or kill?
2. Weapons or degree of force? Mere slap, knife or weapon?
3. Injuries received? Injured, wounded or killed?